FSFE on AVM vs Cybits: A small computer is still a computer

on: 2011-06-22

Yesterday in Berlin a court hearing took place
in a case that could set a crucial precedent for the embedded industry
(see also "AVM violating license of the Linux
kernel"). In the lawsuit between AVM and Cybits, AVM maintained
that others should not be allowed to modify Free Software on computers
bought from AVM, such as the widely used Fritz!Box. At the heart of the
debate is the Linux kernel, distributed under the GNU GPL which
guarantees exactly this freedom to users. Free Software Foundation
Europe (FSFE) and gpl-violations.org today published a
detailed report
about the hearing.

"Users have the right to decide for themselves which software they want
to run on their computers. If AVM, or any other company, does not want
to adhere to the GNU General Public License, they should not use
GPL-licensed software," says Matthias Kirschner, FSFE's Germany
coordinator.

"AVM wants to keep and extend its monopolistic power over those devices,
even after they have been sold. Not only does this conflict with the GNU
GPL license of the Linux kernel, it is also anti-competitive,"
says Harald Welte,
Linux kernel contributor and founder of gpl-violations.org project.

The court made no decision during yesterday's hearing. The participants
may file further written pleadings. The court may then either rule
directly, or begin hearing evidence. FSFE and gpl-violations.org will
continue to monitor the case and defend the freedom of software users.